Regulation 6 Saving and transitional provisions

(1)

This regulation applies where in any proceedings—

(a)

a person (“D”) is charged in respect of the same conduct with—

(i)

an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004^f1 or section 59A of the Sexual Offences Act 2003; and

(ii)

an offence under section 2 of the 2015 Act;

(b)

the only thing preventing D from being found guilty of an offence under section 2 of the 2015 Act is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 31st July 2015;

(c)

the only thing preventing D from being found guilty of an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 or section 59A of the Sexual Offences Act 2003 is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 31st July 2015.

(2)

For the purpose of determining D’s guilty it shall be conclusively presumed that the offence was committed wholly or partly before 31st July 2015.

Annotations

Footnotes

f1: 2004 c. 19.